L 265 Official Journal

ISSN 1977-0677

Official Journal L 265 of the European Union

Volume 54 English edition Legislation 11 October 2011

Contents

I Legislative acts

DIRECTIVES

★ Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights ...... 1

II Non-legislative acts

REGULATIONS

★ Council Regulation (EU) No 999/2011 of 10 October 2011 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus ...... 6

★ Council Implementing Regulation (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus ...... 8

Commission Implementing Regulation (EU) No 1001/2011 of 10 October 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables ...... 15

(Continued overleaf) Price: EUR 3

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other acts are printed in bold type and preceded by an asterisk. EN Contents (continued)

DECISIONS

★ Council Decision 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus ...... 17

2011/667/EU: ★ Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council (notified under document C(2011) 7001) ( 1) ...... 25

RECOMMENDATIONS

2011/668/EU: ★ Council Recommendation of 15 February 2011 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2009 ...... 28

2011/669/EU: ★ Council Recommendation of 4 October 2011 on the appointment of a member of the Executive Board of the European Central Bank ...... 29

Corrigenda

★ Corrigendum to Decision 2010/703/EU of the Representatives of the Governments of the Member States of 18 November 2010 appointing a Judge to the General Court (OJ L 306, 23.11.2010) ...... 30

★ Corrigendum to Decision 2010/762/EU of the Representatives of the Governments of the Member States, meeting within the Council of 25 February 2010 determining the seat of the European Asylum Support Office (OJ L 324, 9.12.2010) ...... 30

EN ( 1 ) Text with EEA relevance 11.10.2011 EN Official Journal of the European Union L 265/1

I (Legislative acts)

DIRECTIVES

DIRECTIVE 2011/77/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (4) The socially recognised importance of the creative EUROPEAN UNION, contribution of performers should be reflected in a level of protection that acknowledges their creative and artistic contribution. Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 114 thereof,

(5) Performers generally start their careers young and the current term of protection of 50 years applicable to Having regard to the proposal from the European Commission, fixations of performances often does not protect their performances for their entire lifetime. Therefore, some performers face an income gap at the end of their Having regard to the opinion of the European Economic and lifetime. In addition, performers are often unable to rely on their rights to prevent or restrict an objectionable Social Committee ( 1 ), use of their performances that may occur during their lifetime.

Acting in accordance with the ordinary legislative procedure ( 2),

(6) The revenue derived from the exclusive rights of repro Whereas: duction and making available, as provided for in Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the (1) Under Directive 2006/116/EC of the European information society ( 4 ), as well as fair compensation for 3 Parliament and of the Council ( ), the term of protection reproductions for private use within the meaning of that for performers and producers of phonograms is 50 years. Directive, and from the exclusive rights of distribution and rental within the meaning of Directive 2006/115/EC of the European Parliament and of the Council of (2) In the case of performers this period starts with the 12 December 2006 on rental right and lending right performance or, when the fixation of the performance and on certain rights related to copyright in the field 5 is lawfully published or lawfully communicated to the of intellectual property ( ), should be available to public within 50 years after the performance is made, performers for at least their lifetime. with the first such publication or the first such communi cation to the public, whichever is the earliest.

(7) The term of protection for fixations of performances and for phonograms should therefore be extended to 70 (3) For phonogram producers the period starts with the years after the relevant event. fixation of the phonogram or its lawful publication within 50 years after fixation, or, if it is not so published, its lawful communication to the public within 50 years after fixation. (8) The rights in the fixation of the performance should revert to the performer if a phonogram producer 1 ( ) OJ C 182, 4.8.2009, p. 36. refrains from offering for sale in sufficient quantity, ( 2 ) Position of the European Parliament of 23 April 2009 (OJ C 184 E, 8.7.2010, p. 331) and Decision of the Council of 12 September 2011. ( 4 ) OJ L 167, 22.6.2001, p. 10. ( 3 ) OJ L 372, 27.12.2006, p. 12. ( 5 ) OJ L 376, 27.12.2006, p. 28. L 265/2 EN Official Journal of the European Union 11.10.2011

within the meaning of the International Convention on contribute where such payments would appear unreas the Protection of Performers, Producers of Phonograms onable in relation to the costs of collecting and admin and Broadcasting Organisations, copies of a phonogram istering such revenue. which, but for the term extension, would be in the public domain, or refrains from making such a phonogram available to the public. That option should be available on expiry of a reasonable period of time for the (13) However, Article 5 of Directive 2006/115/EC already phonogram producer to carry out both of these acts of grants performers an unwaivable right to equitable exploitation. The rights of the phonogram producer in remuneration for the rental of, inter alia, phonograms. the phonogram should therefore expire, in order to avoid Likewise, in contractual practice performers do not a situation in which these rights would coexist with those usually transfer or assign to phonogram producers their of the performer in the fixation of the performance while rights to claim a single equitable remuneration for broad the latter rights are no longer transferred or assigned to casting and communication to the public under the phonogram producer. Article 8(2) of Directive 2006/115/EC and to fair compensation for reproductions for private use under point (b) of Article 5(2) of Directive 2001/29/EC. Therefore, in the calculation of the overall amount to (9) Upon entering into a contractual relationship with a be dedicated by a phonogram producer to payments of phonogram producer, performers normally have to the supplementary remuneration, no account should be transfer or assign to the phonogram producer their taken of revenue which the phonogram producer has exclusive rights of reproduction, distribution, rental and derived from the rental of phonograms, of the single making available of fixations of their performances. In equitable remuneration received for broadcasting and exchange, some performers are paid an advance on communication to the public or of the fair compensation royalties and enjoy payments only once the phonogram received for private copying. producer has recouped the initial advance and made any contractually defined deductions. Other performers transfer or assign their exclusive rights in return for a one-off payment (non-recurring remuneration). This is (14) A second accompanying measure designed to rebalance particularly the case for performers who play in the back contracts whereby performers transfer their exclusive ground and do not appear in the credits (non-featured rights on a royalty basis to a phonogram producer, performers) but sometimes also for performers who should be a ‘clean slate’ for those performers who have appear in the credits (featured performers). assigned their above-mentioned exclusive rights to phonogram producers in return for royalties or remun eration. In order for performers to benefit fully from the extended term of protection, Member States should ensure that, under agreements between phonogram (10) In order to ensure that performers who have transferred producers and performers, a royalty or remuneration or assigned their exclusive rights to phonogram rate unencumbered by advance payments or producers actually benefit from the term extension, a contractually defined deductions is paid to performers series of accompanying measures should be introduced. during the extended period.

(11) A first accompanying measure should be the imposition (15) For the sake of legal certainty it should be provided that, on phonogram producers of an obligation to set aside, at in the absence of clear indications to the contrary in the least once a year, a sum corresponding to 20 % of the contract, a contractual transfer or assignment of rights in revenue from the exclusive rights of distribution, repro the fixation of the performance concluded before the duction and making available of phonograms. ‘Revenue’ date by which Member States are to adopt measures means the revenue derived by the phonogram producer implementing this Directive shall continue to produce before deducting costs. its effects for the extended term.

(12) Payment of those sums should be reserved solely for the (16) Member States should be able to provide that certain benefit of performers whose performances are fixed in a terms in those contracts which provide for recurring phonogram and who have transferred or assigned their payments can be renegotiated for the benefit of rights to the phonogram producer in return for a one-off performers. Member States should have procedures in payment. The sums set aside in this manner should be place to cover the eventuality that the renegotiation fails. distributed to non-featured performers at least once a year on an individual basis. Such distribution should be entrusted to collecting societies and national rules on non-distributable revenue may be applied. In order to (17) This Directive should not affect national rules and avoid the imposition of a disproportionate burden in agreements which are compatible with its provisions, the collection and administration of that revenue, such as collective agreements concluded in Member Member States should be able to regulate the extent to States between organisations representing performers which micro-enterprises are subject to the obligation to and organisations representing producers. 11.10.2011 EN Official Journal of the European Union L 265/3

(18) In some Member States, musical compositions with following persons to survive, whether or not those persons words are given a single term of protection, calculated are designated as co-authors: the author of the lyrics and the from the death of the last surviving author, while in composer of the musical composition, provided that both other Member States separate terms of protection apply contributions were specifically created for the respective for music and lyrics. Musical compositions with words musical composition with words.’. are overwhelmingly co-written. For example, an opera is often the work of a librettist and a composer. Moreover, in musical genres such as jazz, rock and pop music, the (2) Article 3 shall be amended as follows: creative process is often collaborative in nature.

(a) in paragraph 1, the second sentence shall be replaced by (19) Consequently, the harmonisation of the term of the following: protection in respect of musical compositions with words the lyrics and music of which were created in order to be used together is incomplete, giving rise to ‘However, obstacles to the free movement of goods and services, such as cross-border collective management services. In order to ensure the removal of such obstacles, all such — if a fixation of the performance otherwise than in a works in protection at the date by which the Member phonogram is lawfully published or lawfully States are required to transpose this Directive should communicated to the public within this period, the have the same harmonised term of protection in all rights shall expire 50 years from the date of the first Member States. such publication or the first such communication to the public, whichever is the earlier,

(20) Directive 2006/116/EC should therefore be amended accordingly. — if a fixation of the performance in a phonogram is lawfully published or lawfully communicated to the public within this period, the rights shall expire 70 (21) Since the objectives of the accompanying measures years from the date of the first such publication or cannot be sufficiently achieved by the Member States, the first such communication to the public, inasmuch as national measures in that field would whichever is the earlier.’; either lead to distortion of competition or affect the scope of exclusive rights of the phonogram producer which are defined by Union legislation, and can (b) in the second and third sentences of paragraph 2, the therefore be better achieved at Union level, the Union number ‘50’ shall be replaced by ‘70’; may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of (c) the following paragraphs shall be inserted: proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. ‘2a. If, 50 years after the phonogram was lawfully published or, failing such publication, 50 years after it was lawfully communicated to the public, the (22) In accordance with point 34 of the interinstitutional 1 phonogram producer does not offer copies of the agreement on better law-making ( ), Member States are phonogram for sale in sufficient quantity or does not encouraged to draw up, for themselves and in the make it available to the public, by wire or wireless interests of the Union, their own tables which will, as means, in such a way that members of the public far as possible, illustrate the correlation between this may access it from a place and at a time individually Directive and their transposition measures, and to make chosen by them, the performer may terminate the them public, contract by which the performer has transferred or assigned his rights in the fixation of his performance HAVE ADOPTED THIS DIRECTIVE: to a phonogram producer (hereinafter a “contract on transfer or assignment”). The right to terminate the contract on transfer or assignment may be exercised if Article 1 the producer, within a year from the notification by the performer of his intention to terminate the contract on Amendments to Directive 2006/116/EC transfer or assignment pursuant to the previous Directive 2006/116/EC is hereby amended as follows: sentence, fails to carry out both of the acts of exploi tation referred to in that sentence. This right to terminate may not be waived by the performer. (1) The following paragraph shall be added to Article 1: Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment in ‘7. The term of protection of a musical composition with accordance with applicable national law. If the contract words shall expire 70 years after the death of the last of the on transfer or assignment is terminated pursuant to this paragraph, the rights of the phonogram producer in the ( 1 ) OJ C 321, 31.12.2003, p. 1. phonogram shall expire. L 265/4 EN Official Journal of the European Union 11.10.2011

2b. Where a contract on transfer or assignment gives 1 November 2013, and to musical compositions with the performer a right to claim a non-recurring remun words which come into being after that date. eration, the performer shall have the right to obtain an annual supplementary remuneration from the phonogram producer for each full year immediately The first subparagraph of this paragraph shall be without following the 50th year after the phonogram was prejudice to any acts of exploitation performed before lawfully published or, failing such publication, the 1 November 2013. Member States shall adopt the 50th year after it was lawfully communicated to the necessary provisions to protect, in particular, acquired public. The right to obtain such annual supplementary rights of third parties.’. remuneration may not be waived by the performer.

(4) The following Article shall be inserted: 2c. The overall amount to be set aside by a phonogram producer for payment of the annual supple mentary remuneration referred to in paragraph 2b shall ‘Article 10a correspond to 20 % of the revenue which the phonogram producer has derived, during the year Transitional measures preceding that for which the said remuneration is 1. In the absence of clear contractual indications to the paid, from the reproduction, distribution and making contrary, a contract on transfer or assignment concluded available of the phonogram in question, following the before 1 November 2013 shall be deemed to continue to 50th year after it was lawfully published or, failing such produce its effects beyond the moment at which, by virtue publication, the 50th year after it was lawfully of Article 3(1) in the version thereof in force on 30 October communicated to the public. 2011, the performer would no longer be protected.

Member States shall ensure that phonogram producers 2. Member States may provide that contracts on transfer are required on request to provide to performers who or assignment which entitle a performer to recurring are entitled to the annual supplementary remuneration payments and which are concluded before 1 November referred to in paragraph 2b any information which may 2013 can be modified following the 50th year after the be necessary in order to secure payment of that remun phonogram was lawfully published or, failing such publi eration. cation, the 50th year after it was lawfully communicated to the public.’.

2d. Member States shall ensure that the right to obtain an annual supplementary remuneration as Article 2 referred to in paragraph 2b is administered by collecting societies. Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this 2e. Where a performer is entitled to recurring Directive by 1 November 2013. They shall forthwith inform payments, neither advance payments nor any the Commission thereof. contractually defined deductions shall be deducted from the payments made to the performer following the 50th year after the phonogram was lawfully When Member States adopt those measures, they shall contain a published or, failing such publication, the 50th year reference to this Directive or shall be accompanied by such a after it was lawfully communicated to the public.’. reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. (3) The following paragraphs shall be added to Article 10:

2. Member States shall communicate to the Commission the ‘5. Article 3(1) to (2e) in the version thereof in force on text of the main provisions of national law which they adopt in 31 October 2011 shall apply to fixations of performances the field covered by this Directive. and phonograms in regard to which the performer and the phonogram producer are still protected, by virtue of those provisions in the version thereof in force on 30 October Article 3 2011, as at 1 November 2013 and to fixations of performances and phonograms which come into being Reporting after that date. 1. By 1 November 2016, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application 6. Article 1(7) shall apply to musical compositions with of this Directive in the light of the development of the digital words of which at least the musical composition or the market, accompanied, where appropriate, by a proposal for the lyrics are protected in at least one Member State on further amendment of Directive 2006/116/EC. 11.10.2011 EN Official Journal of the European Union L 265/5

2. By 1 January 2012, the Commission shall submit a report Article 5 to the European Parliament, the Council and the European Economic and Social Committee, assessing the possible need Addressees for an extension of the term of protection of rights to This Directive is addressed to the Member States. performers and producers in the audiovisual sector. If appro priate, the Commission shall submit a proposal for the further amendment of Directive 2006/116/EC. Done at Strasbourg, 27 September 2011.

Article 4 Entry into force For the European Parliament For the Council The President The President This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. J. BUZEK M. DOWGIELEWICZ L 265/6 EN Official Journal of the European Union 11.10.2011

II (Non-legislative acts)

REGULATIONS

COUNCIL REGULATION (EU) No 999/2011 of 10 October 2011 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus

THE COUNCIL OF THE EUROPEAN UNION, (5) Regulation (EC) No 765/2006 should therefore be amended accordingly,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof, HAS ADOPTED THIS REGULATION:

Having regard to Council Decision 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP 1 concerning restrictive measures against Belarus ( ), Article 1 In Regulation (EC) No 765/2006, the following Article is Having regard to the joint proposal of the High Representative inserted: of the Union for Foreign Affairs and Security Policy and the European Commission, ‘Article 4a Whereas: By way of derogation from Article 2(1), where a payment by a natural or legal person, entity or body listed in Annex I or Annex IA is due under a contract or agreement that was (1) Council Regulation (EC) No 765/2006 of 18 May concluded by, or an obligation that arose for the natural or 2006 ( 2 ) provides for a freezing of the assets of legal person, entity or body concerned before the date on President Lukashenko and certain officials of Belarus. which that person, entity or body had been listed, the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise, under (2) By Regulation (EU) No 588/2011 of 20 June 2011 ( 3), such conditions as they deem appropriate, the release of the Council added further names to the list of persons certain frozen funds or economic resources, provided that: targeted by the asset freeze. These further names included entities.

(i) the competent authority concerned has determined that (3) By Decision 2011/666/CFSP, the Council has decided the payment is not, directly or indirectly, to or for the that a derogation from the asset freeze should be benefit of a person, entity or body listed in Annex I or provided, in order to ensure that EU companies are Annex IA; and not prohibited from recovering funds owed to them by the listed entities under contracts entered into prior to the listing of those entities. (ii) the Member State concerned has, at least 2 weeks prior to the grant of the authorisation, notified the other Member (4) This measure falls within the scope of the Treaty and States and the Commission of that determination and its regulatory action at the level of the Union is therefore intention to grant the authorisation.’. necessary in order to give effect to it, in particular with a view to ensuring its uniform application by economic operators in all Member States. Article 2 ( 1 ) See page 17 of this Official Journal. ( 2 ) OJ L 134, 20.5.2006, p. 1. This Regulation shall enter into force on the day of its ( 3 ) OJ L 161, 21.6.2011, p. 1. publication in the Official Journal of the European Union. 11.10.2011 EN Official Journal of the European Union L 265/7

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 10 October 2011.

For the Council The President C. ASHTON L 265/8 EN Official Journal of the European Union 11.10.2011

COUNCIL IMPLEMENTING REGULATION (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus

THE COUNCIL OF THE EUROPEAN UNION, (1) Mazouka Siarhei

Having regard to Council Regulation (EC) No 765/2006 of (2) Bazanau, Aliaksandr Viktaravich 18 May 2006 concerning restrictive measures in respect of 1 Belarus ( ), and in particular Article 8a(1) thereof, (3) Peftiev Vladimir Whereas: (4) Ipatau, Vadzim Dzmitryevich (1) On 18 May 2006, the Council adopted Regulation (EC) No 765/2006. (5) Bushnaia, Natallia Uladzimirauna

(2) In view of the gravity of the situation in Belarus, addi (6) Bushchyk, Vasil Vasilievich tional persons should be included in the list of natural and legal persons, entities and bodies subject to (7) Katsuba, Sviatlana Piatrouna restrictive measures as set out in Annex IA to Regulation (EC) No 765/2006. (8) Kisialiova, Nadzeia Mikalaeuna (3) Furthermore, the information relating to certain persons and to an entity on the list in Annex IA to that Regu (9) Padaliak, Eduard Vasilievich lation should be updated, (10) Rakhmanava, Maryna Iurievna HAS ADOPTED THIS REGULATION: (11) Shchurok, Ivan Antonavich Article 1 The persons listed in Annex I to this Regulation shall be added (12) Sport-Pari to the list set out in Annex IA to Regulation (EC) No 765/2006. (13) Shadryna, Hanna Stanislavauna. Article 2 Article 3 In Annex IA to Regulation (EC) No 765/2006, the entries for the following persons and entity shall be replaced by the This Regulation shall enter into force on the day of its publi respective entries set out in Annex II to this Regulation: cation in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 10 October 2011.

For the Council The President C. ASHTON

( 1 ) OJ L 134, 20.5.2006, p. 1. 11.10.2011 EN Official Journal of the European Union L 265/9

ANNEX I

Persons referred to in Article 1

Names Transcription of Names Names Place and date of Belarusian spelling Position (Belarusian spelling) (Russian spelling) birth Transcription of Russian spelling

1. Kamisarau, Valery Камiсараў Комиссаров Judge of the City Court of Mikalayevich Валерый Валерий Minsk. He dismissed (as chief Komissarov, Valeri Мiкалаевiч Николаевич judge) the appeals against the Nikolaevich sentences of political and civil society activists Dmitri Dash kevich, Eduard Lobov, Aleksandr Otroshchenkov, Dmitri Novik, Aleksandr Molchanov. These trials were a clear violation of the Code of Penal Procedure.

2. Stsiapurka, Uladzimir Сцяпурка Степурко Judge of the City Court of Mikhailavich Уладзiмiр Владимир Minsk. He dismissed (as chief Stepurko, Vladimir Мiхайлавiч Михайлович judge) the appeals against the Mikhailovich sentences of political and civil society activists Irina Khalip, Sergei Martselev, Pavel Severinets, Dmitri Bondarenko, Dmitri Doronin, Sergei Kazakov, Vladimir Loban, Vitali Matsukevich, Evgeni Sekret and Oleg Fedor kevich. These trials were a clear violation of the Code of Penal Procedure.

3. Khrypach, Siarhei Хрыпач Сяргей Хрипач Сергей Judge of the City Court of Fiodaravich Фёдаравiч Федорович Minsk. He dismissed (as chief Khripach, Sergei judge) the appeals against the Fiodorovich sentences of ex presidential candidates Andrei Sannikov, Nikolai Statkevich, Dmitri Uss, Vladimir Nekliaev, political and civil society activists Andrei Dmitriev, Ilia Vasilevich, Fiodor Mirzayanov, Oleg Gnedchik, Vladimir Yeriomenok, Andrei Pozniak, Aleksandr Klaskovski, Aleksandr Kviatkevich, Artiom Gribkov, Dmitri Bulanov and (as associate judge) Dmitri Dashkevich, Eduard Lobov, Aleksandr Otroshchenkov, Dmitri Novik, Aleksandr Molchanov. These trials were a clear violation of the Code of Penal Procedure.

4. Nazaranka, Vasil Назаранка Васiль Назаренко Judge of the City Court of Andreyevich Андрэевiч Василий Minsk. He dismissed (as chief Nazarenko, Vasili Андреевич judge) the appeals against the Andreevich sentences of political and civil society activists Vasili Parfenkov and (as associate judge) Dmitri Dashkevich, Eduard Lobov. These trials were a clear violation of the Code of Penal Procedure. L 265/10 EN Official Journal of the European Union 11.10.2011

Names Transcription of Names Names Place and date of Belarusian spelling Position (Belarusian spelling) (Russian spelling) birth Transcription of Russian spelling

5. Kamarouskaya, Volha Камароўская Комаровская Judge of the City Court of Paulauna Вольга Паўлаўна Ольга Павловна Minsk. She dismissed (as Komarovskaia, Olga associate judge) the appeals Pavlovna against the sentences of ex presidential candidate Andrei Sannikov, political and civil society activists Irina Khalip, Sergei Martselev, Pavel Severinets, Aleksandr Otrosh chenkov, Dmitri Novik, Aleksandr Molchanov, Ilia Vasilevich, Fiodor Mirzayanov, Oleg Gnedchik, Vladimir Yeriomenok, Dmitri Doronin, Sergei Kazakov, Vladimir Loban, Vitali Matsukevich, Evgeni Sekret and Oleg Fedor kevich. These trials were a clear violation of the Code of Penal Procedure.

6. Zaitsava, Viktoryia Зайцава Зайцева Judge of the City Court of Henadzeuna Вiкторыя Виктория Minsk. She dismissed (as Zaitseva, Viktoria Генадзеўна Геннадьевна associate judge) the appeals Gennadievna against the sentences of ex presidential candidate Andrei Sannikov, political and civil society activists Ilia Vasilevich, Fiodor Mirzayanov, Oleg Gnedchik amd Vladimir Yeriomenok. The trial was a clear violation of the Code of Penal Procedure.

7. Unukevich, Tamara Унукевiч Тамара Внукевич Тамара Judge of the City Court of Vasileuna Васiлеўна Васильевна Minsk. She dismissed (as Vnukevich, Tamara associate judge) the appeals Vasilievna against the sentences of political and civil society activists Irina Khalip, Sergei Martselev, Pavel Severinets. The trial was a clear violation of the Code of Penal Procedure.

8. Krot, Ihar Крот Iгар Крот Игорь Judge of the City Court of Uladzimiravich Уладзiмiравiч Владимирович Minsk. He dismissed (as Krot, Igor associate judge) the appeal Vladimirovich against the sentence of the political activist Vasili Parfenkov. The trial was a clear violation of the Code of Penal Procedure.

9. Khrobastau, Хробастаў Хробостов Judge of the City Court of Uladzimir Ivanavich Уладзiмiр Владимир Minsk. He dismissed (as Khrobostov, Vladimir Iванавiч Иванович associate judge) the appeal Ivanovich against the sentence of the political activist Vasili Parfenkov. The trial was a clear violation of the Code of Penal Procedure. 11.10.2011 EN Official Journal of the European Union L 265/11

Names Transcription of Names Names Place and date of Belarusian spelling Position (Belarusian spelling) (Russian spelling) birth Transcription of Russian spelling

10. Ihnatovich-Mishneva, Iгнатовiч- Игнатович- Prosecutor of the City Court Liudmila Мiшнева Мишнева of Minsk dealing with the Ignatovich-Mishneva, Людмiла Людмила dismissal of the appeal Liudmila against the sentence of Dmitri Dashkevich and Eduard Lobov, activists of the Molodoi Front (Young Front). The trial was a clear violation of the Code of Penal Procedure.

11. Yarmalitski, Siarhei Ярмалiцкi Сяргей Ермолицкий Director of the prison camp Uladzimiravich Уладзiмiравiч Сергей in Shklov. He is responsible Ermolitski, Sergei Владимирович for the inhuman treatment Vladimirovich of the detainees and perse (Yermolitski, Sergei cution of ex presidential Vladimirovich) candidate Nikolai Statkevich, who was imprisoned in relation to the 19 December 2010 events, and other inmates.

12. Kavaliou, Aliaksandr Кавалёў Ковалёв Director of the prison camp Mikhailavich Аляксандр Александр in Gorki. He is responsible Kovalev, Aleksandr Мiхайлавiч Михайлович for the inhuman treatment Mikhailovich of the detainees, especially for persecution and torturous treatment of civil society activist Dmitri Dashkevich, who was imprisoned in relation to the 19 December 2010 elections and the crackdown on civil society and democratic opposition..

13. Paluyan, Uladzimir Палуян Уладзiмiр Полуян Village Minister of Taxes and Duties. Mikalayevich Мiкалаевiч Владимир Nekrashevichi of Supervises tax authorities that Paluyan, Vladimir Николаевич Karelichi district support the criminal case Nikolaevich of Hrodna against Byalyatski using the region 1961 pretext of tax evasion. Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition.

14. Kornau, Uladzimir Корнаў Уладзiмiр Корнов Judge at the City Court of Uladzimiravich Уладзiмiравiч Владимир Minsk who authorised the Kornov, Vladimir Владимирович rejection of Byalyatski's Vladimirovich lawyers's appeal. Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition. L 265/12 EN Official Journal of the European Union 11.10.2011

Names Transcription of Names Names Place and date of Belarusian spelling Position (Belarusian spelling) (Russian spelling) birth Transcription of Russian spelling

15. Shastakou Maksim Шастакоў Шестаков Prosecutor who presented the Aleksandrauvich Максiм Максим case against Byalyatski in the (Shastakou Maksim Александравiч Александрович Pervomaiski District Court of Aleksandravich, Minsk after Byalyatski's appli Shastakou Maxim cation to the court regarding Aleksandrauvich, his detention. Byalyatski was Shastakou Maxim active in defending and Aleksandravich, providing assistance to those Shastakou Maxsim who suffered from repression Aleksandrauvich, in relation with the Shastakou Maxsim 19 December 2010 elections Aleksandrauvich) and the crackdown on civil Shestakov, Maksim society and democratic Aleksandrovich opposition.

16. Herasimovich Volha Герасiмовiч Герасимович Prosecutor who presented the Ivanavna Вольга Иванаўна Ольга Ивановна case against Byalyatski in the (Herasimovich Volha (Герасiмовiч City Court of Minsk after Ivanovna) Вольга Иваноўна) Byalyatski's application to the Gerasimovich Olga court regarding his detention. Ivanovna Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition. 11.10.2011 EN Official Journal of the European Union L 265/13

ANNEX II

Persons and entity referred to in Article 2

Names Transcription of Place and date of Belarusian spelling Name in Belarusian Name in Russian Position birth Transcription of Russian spelling

1. Mazouka, Kiryl Мазоўка Кiрыл Мазовка Кирилл Prosecutor of the Dashkevich- Viktaravich Вiктаравiч Викторович Lobov case. Dmitri Dash Mazovka, Kirill kevich and Eduard Lobov, Viktorovich activists of the Molodoi Front (Young Front), were sentenced to several years of imprisonment for ‘hooli ganism’. The real reason for their imprisonment was that they both actively participated in the electoral campaign in December 2010 supporting one of the candidates of the opposition.

2. Bazanau, Aliaksandr Базанаў Базанов Kazakhstan, Director, Information and Viktaravich Аляскандр Александр 26.11.1962 Analytical Center of the Bazanov, Aleksandr Вiктаравiч Викторович President. Viktorovich

3. Peftiev Vladimir Пефцiеў Пефтиев 1 July 1957, Person associated with Peftiev Vladimir Уладзiмiр Владимир Berdyansk, Aliaksandr Lukashenka, Pavlovich Паўлавiч Павлович Zaporozhskaya Viktar Lukashenka and Oblast, Ukraine; Dzmitry Lukashenka. Present passport Provides economic advice to No.: President Lukashenka and is MP2405942 a key financial sponsor of the Lukashenka regime. Majority shareholder and Chairman of the Council of Shareholders of Beltechexport, one of the largest export/ import companies of defence products in Belarus.

4. Ipatau, Vadzim Iпатаў Вадзiм Ипатов Вадим Deputy Chairperson, Central Dzmitryevich Дзмiтрыевiч Дмитриевич Electoral Commission (CEC). Ipatov, Vadim As a Member of the Central Dmitrievich Electoral Commission, he bears shared responsibility for the violations of inter national electoral standards in the Presidential elections on 19 December 2010.

5. Bushnaia, Natallia Бушная Наталля Бушная, Наталья 1953, Mogilev CEC Member. As a Member Uladzimirauna Уладзiмiраўна Владимировна of the Central Electoral (Bushnaya, Natallia Commission, she bears Uladzimirauna) shared responsibility for the Bushnaia, Natalia violations of international Vladimirovna electoral standards in the (Bushnaya, Natalya Presidential elections on Vladimirovna) 19 December 2010.

6. Bushchyk, Vasil Бушчык Васiль Бущик, Василий CEC Member. As a Member Vasilievich Васiльевiч Васильевич of the Central Electoral Bushchik, Vasili Commission, he bears shared Vasilievich responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010. L 265/14 EN Official Journal of the European Union 11.10.2011

Names Transcription of Place and date of Belarusian spelling Name in Belarusian Name in Russian Position birth Transcription of Russian spelling

7. Katsuba, Sviatlana Кацуба Святлана Кацубо, Светлана CEC Member. As a Member Piatrouna Пятроўна Петровна of the Central Electoral Katsubo, Svetlana Commission, she bears Petrovna shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

8. Kisialiova, Nadzeia Кiсялёва Надзея Киселева, CEC Member. As a Member Mikalaeuna Мiкалаеўна Надежда of the Central Electoral (Kisyaliova, Nadzeya Николаевна Commission, she bears Mikalaeuna) shared responsibility for the Kiseleva, Nadezhda violations of international Nikolaevna electoral standards in the Presidential elections on 19 December 2010.

9. Padaliak, Eduard Падаляк Эдуард Подоляк, Эдуард CEC Member. As a Member Vasilievich (Padalyak, Васiльевiч Васильевич of the Central Electoral Eduard Vasilyevich) Commission, he bears shared Podoliak, Eduard responsibility for the Vasilievich (Podolyak, violations of international Eduard Vasilyevich) electoral standards in the Presidential elections on 19 December 2010.

10. Rakhmanava, Maryna Рахманава Рахманова, CEC Member. As a Member Iurievna Марына Юр’еўна Марина Юрьевна of the Central Electoral Rakhmanova, Marina Commission, she bears Iurievna shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

11. Shchurok, Ivan Шчурок Iван Щурок, Иван CEC Member. As a Member Antonavich Антонавiч Антонович of the Central Electoral Shchurok, Ivan Commission, he bears shared Antonovich responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

12. Sport-Pari ‘ЗАО Entity controlled by Mr Спорт-пари’ Peftiev Vladimir in (оператор conjunction with Lukashenka, республиканской Dzmitry Aliaksandravich, лотереи) through the latter’s control of the President’s Sports Club, which holds a mandatory, state-owned majority share in Sport-Pari.

13. Shadryna, Hanna Шадрына Ганна Шадрина Анна Former Deputy Editor-in- Stanislavauna Станiславаўна Станиславовна Chief of the paper ‘Sovietskaia Shadrina, Anna Belarus’. Stanislavovna 11.10.2011 EN Official Journal of the European Union L 265/15

COMMISSION IMPLEMENTING REGULATION (EU) No 1001/2011 of 10 October 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION, Whereas:

Implementing Regulation (EU) No 543/2011 lays down, Having regard to the Treaty on the Functioning of the European pursuant to the outcome of the Uruguay Round multilateral Union, trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri HAS ADOPTED THIS REGULATION: cultural markets and on specific provisions for certain agri 1 cultural products (Single CMO Regulation) ( ), Article 1 The standard import values referred to in Article 136 of Imple menting Regulation (EU) No 543/2011 are fixed in the Annex Having regard to Commission Implementing Regulation (EU) hereto. No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in Article 2 respect of the fruit and vegetables and processed fruit and vegetables sectors ( 2), and in particular Article 136(1) thereof, This Regulation shall enter into force on 11 October 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 October 2011.

For the Commission, On behalf of the President, José Manuel SILVA RODRÍGUEZ Director-General for Agriculture and Rural Development

( 1 ) OJ L 299, 16.11.2007, p. 1. ( 2 ) OJ L 157, 15.6.2011, p. 1. L 265/16 EN Official Journal of the European Union 11.10.2011

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables (EUR/100 kg)

CN code Third country code (1 ) Standard import value

0702 00 00 AL 58,3 EC 36,3 MA 56,6 MK 58,0 ZZ 52,3 0707 00 05 AL 65,0 EG 98,1 MK 64,2 TR 126,8 ZZ 88,5 0709 90 70 TR 118,8 ZZ 118,8 0805 50 10 AR 70,6 BR 41,3 CL 60,5 TR 62,3 UY 56,8 ZA 67,7 ZZ 59,9 0806 10 10 BR 245,7 CL 79,6 MK 85,4 PE 228,3 TR 111,5 US 275,5 ZA 65,0 ZZ 155,9 0808 10 80 CL 81,3 CN 86,4 NZ 116,4 US 114,5 ZA 77,6 ZZ 95,2 0808 20 50 CN 54,5 TR 107,9 ZA 60,3 ZZ 74,2

(1 ) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’. 11.10.2011 EN Official Journal of the European Union L 265/17

DECISIONS

COUNCIL DECISION 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus

THE COUNCIL OF THE EUROPEAN UNION, contract entered into before the listing of such a natural or legal person, entity or body, provided that the relevant Member State has determined that the payment is not, Having regard to the Treaty on European Union, and in directly or indirectly, received by a natural or legal person, particular Article 29 thereof, entity or body referred to in Article 2(1).’;

Whereas: 2. Article 7(2) is replaced by the following:

(1) On 25 October 2010, the Council adopted Decision 2010/639/CFSP concerning restrictive measures against ‘2. This Decision shall apply until 31 October 2012. It certain officials of Belarus ( 1 ). shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’. (2) On the basis of a review of Decision 2010/639/CFSP, the restrictive measures should be extended until 31 October 2012. Article 2 The persons listed in Annex I to this Decision shall be added to (3) In view of the gravity of the situation in Belarus, addi the list set out in Annex IIIA to Decision 2010/639/CFSP. tional persons should be included in the list of persons and entities subject to restrictive measures as set out in Annex IIIA to Decision 2010/639/CFSP. Article 3 In Annex IIIA to Decision 2010/639/CFSP, the entries for the following persons and entity shall be replaced by the respective (4) Furthermore, the information relating to certain persons and to an entity listed in Annex IIIA to that Decision entries set out in Annex II to this Decision: should be updated. (1) Mazouka Siarhei (5) It is necessary to include a derogation to the asset freeze in Decision 2010/639/CFSP in order to ensure that EU companies are not prohibited from recovering funds (2) Bazanau, Aliaksandr Viktaravich owed to them by the listed entities under contracts entered into prior to the listing of those entities. (3) Peftiev Vladimir

(6) Decision 2010/639/CFSP should be amended accordingly, (4) Ipatau, Vadzim Dzmitryevich

HAS ADOPTED THIS DECISION: (5) Bushnaia, Natallia Uladzimirauna

Article 1 (6) Bushchyk, Vasil Vasilievich Decision 2010/639/CFSP is hereby amended as follows:

1. The following paragraph is added to Article 3: (7) Katsuba, Sviatlana Piatrouna

‘3. Article 2(1) shall not prevent a listed natural or legal (8) Kisialiova, Nadzeia Mikalaeuna person, entity or body from making a payment due under a

( 1 ) OJ L 280, 26.10.2010, p. 18. (9) Padaliak, Eduard Vasilievich L 265/18 EN Official Journal of the European Union 11.10.2011

(10) Rakhmanava, Maryna Iurievna

(11) Shchurok, Ivan Antonavich

(12) Sport-Pari

(13) Shadryna, Hanna Stanislavauna.

Article 4 This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 10 October 2011.

For the Council The President C. ASHTON 11.10.2011 EN Official Journal of the European Union L 265/19

ANNEX I

Persons referred to in Article 2

Names Transcription of Names Names Place and date of Belarusian spelling Position (Belarusian spelling) (Russian spelling) birth Transcription of Russian spelling

4. Nazaranka, Vasil Назаранка Васiль Назаренко Judge of the City Court of Andreyevich Андрэевiч Василий Minsk. He dismissed (as chief Nazarenko, Vasili Андреевич judge) the appeals against the Andreevich sentences of political and civil society activists Vasili Parfenkov and (as associate judge) Dmitri Dashkevich, Eduard Lobov. These trials were a clear violation of the Code of Penal Procedure. L 265/20 EN Official Journal of the European Union 11.10.2011

Names Transcription of Names Names Place and date of Belarusian spelling Position (Belarusian spelling) (Russian spelling) birth Transcription of Russian spelling

13. Paluyan, Uladzimir Палуян Уладзiмiр Полуян Village Minister of Taxes and Duties. Mikalayevich Мiкалаевiч Владимир Nekrashevichi of Supervises tax authorities that Paluyan, Vladimir Николаевич Karelichi district support the criminal case Nikolaevich of Hrodna against Byalyatski using the region pretext of tax evasion. 1961 Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition.

14. Kornau, Uladzimir Корнаў Уладзiмiр Корнов Judge at the City Court of Uladzimiravich Уладзiмiравiч Владимир Minsk who authorised the Kornov, Vladimir Владимирович rejection of Byalyatski's Vladimirovich lawyers's appeal. Byalyatski was active in defending and providing assistance to those who suffered from repression in relation with the 19 December 2010 elections and the crackdown on civil society and democratic opposition. L 265/22 EN Official Journal of the European Union 11.10.2011

Names Transcription of Names Names Place and date of Belarusian spelling Position (Belarusian spelling) (Russian spelling) birth Transcription of Russian spelling

ANNEX II

Persons and entity referred to in Article 3

Names Transcription of Name in Place and date of Belarusian spelling Name in Russian Position Belarusian birth Transcription of Russian spelling

1. Mazouka, Kiryl Мазоўка Кiрыл Мазовка Кирилл Prosecutor of the Dashkevich- Viktaravich Вiктаравiч Викторович Lobov case. Dmitri Dash Mazovka, Kirill kevich and Eduard Lobov, Viktorovich activists of the Molodoi Front (Young Front), were sentenced to several years of imprisonment for ‘hooli ganism’. The real reason for their imprisonment was that both actively participated in the electoral campaign in December 2010 supporting one of the candidates of the opposition.

3. Peftiev Vladimir Пефцiеў Пефтиев 1 July 1957, Person associated with Peftiev Vladimir Уладзiмiр Владимир Berdyansk, Aliaksandr Lukashenka, Vik- Pavlovich Паўлавiч Павлович Zaporozhskaya tar Lukashenka and Dzmitry Oblast, Ukraine; Lukashenka. Provides econo- Present passport mic advice to President No.: MP2405942 Lukashenka and is a key financial sponsor of the Lukashenka regime. Majority shareholder and Chairman of the Council of Shareholders of Beltechexport, one of the largest export/import companies of defence products in Belarus.

6. Bushchyk, Vasil Бушчык Васiль Бущик, Василий CEC Member. As a Member Vasilievich Васiльевiч Васильевич of the Central Electoral Bushchik, Vasili Commission, he bears shared Vasilievich responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010. L 265/24 EN Official Journal of the European Union 11.10.2011

Names Transcription of Name in Place and date of Belarusian spelling Name in Russian Position Belarusian birth Transcription of Russian spelling

10. Rakhmanava, Maryna Рахманава Рахманова, CEC Member. As a Member Iurievna Марына Марина Юрьевна of the Central Electoral Rakhmanova, Marina Юр’еўна Commission, she bears Iurievna shared responsibility for the violations of international electoral standards in the Presidential elections on 19 December 2010.

12. Sport-Pari ‘ЗАО Entity controlled by Mr Спорт-пари’ Peftiev Vladimir in con- (оператор junction with Lukashenka, республиканской Dzmitry Aliaksandravich, лотереи) through the latter’s control of the President’s Sports Club, which holds a mandatory, state-owned majority share in Sport-Pari.

COMMISSION DECISION of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council (notified under document C(2011) 7001) (Text with EEA relevance) (2011/667/EU)

THE EUROPEAN COMMISSION, provision of MSS, they must have met milestones six to nine set out in the Annex to this latter Decision by 13 May 2011 and they must honour any commitments Having regard to the Treaty on the Functioning of the European they gave in their applications. Union,

Having regard to Decision No 626/2008/EC of the European (6) Monitoring of compliance with these common Parliament and of the Council of 30 June 2008 on the conditions and enforcement should be undertaken at selection and authorisation of systems providing mobile national level, including the final assessment of any breach of common conditions. satellite services (MSS) ( 1), and in particular Article 9(3) thereof,

Whereas: (7) National rules on enforcement should be in accordance with Union law, in particular Article 10 of Directive 2002/20/EC of the European Parliament and of the (1) Decision No 626/2008/EC aims to facilitate the devel Council of 7 March 2002 on the authorisation of elec opment of a competitive internal market for MSS tronic communications networks and services ( 3). across the Union and to ensure gradual coverage in all Member States by the operators selected to provide these services. (8) The cross-border nature of the common conditions provided for in Article 7(2) of Decision No 626/2008/EC (2) In particular, it creates a procedure for the common requires coordination at Union level of the national selection of operators of mobile satellite systems that procedures leading to enforcement by Member States. use the 2 GHz frequency band, comprising radio Inconsistencies in the application of national spectrum from 1 980 to 2 010 MHz for earth to space enforcement procedures, in particular regarding the communications, and from 2 170 to 2 200 MHz for investigation, the timing and the nature of any space to earth communications. measures taken, would result in a patchwork of enforcement measures in contradiction to the pan- European nature of MSS. (3) Commission Decision 2009/449/EC of 13 May 2009 on the selection of operators of pan-European systems 2 providing mobile satellite services (MSS) ( ) lists the (9) This Decision should not cover enforcement of purely selected operators and corresponding frequencies. national conditions nor apply to enforcement measures concerning conditions other than common conditions referred to in Article 7(2) of Decision No 626/2008/EC. (4) In accordance with Article 7(1) of Decision No In view of the essentially national dimension of any 626/2008/EC Member States should ensure that the specific conditions in relation to complementary selected applicants have the right to use the specific ground components of mobile satellite systems, radio frequency identified in Decision 2009/449/EC and enforcement of common conditions referred to in the right to operate a mobile satellite system according to Article 8(3) of Decision No 626/2008/EC should not the time-frame and in the service area to which the be included in the scope of this Decision. selected applicants have committed themselves.

(5) The rights to use the specific radio frequency and to (10) In order to ensure compliance with the common operate a mobile satellite system are subject to conditions embedded in the general authorisation common conditions laid down in Article 7(2) of and/or the rights to use the frequencies granted, Decision No 626/2008/EC. In particular the selected enforcement measures may be adopted, pursuant to operators must use the assigned radio spectrum for the Article 10 of Directive 2002/20/EC, by Member States that authorised the selected operators.

( 1 ) OJ L 172, 2.7.2008, p. 15. ( 2 ) OJ L 149, 12.6.2009, p. 65. ( 3 ) OJ L 108, 24.4.2002, p. 21. L 265/26 EN Official Journal of the European Union 11.10.2011

(11) Article 10 of Directive 2002/20/EC provides for a needed, such as suspension. Therefore withdrawal or graduated approach to enforcement, envisaging a first suspension measures should be adopted only after the phase where the alleged breach is investigated and views of Member States have been shared and measures aimed at ensuring compliance are adopted, if discussed within the Communications Committee. applicable. In accordance with Article 10(3) of Directive 2002/20/EC, such measures should stipulate a reasonable period for the operator to comply with the measure. In general, the determination of a reasonable time to (16) Since the objective of this Decision, namely to define the comply should take into account the specific nature of modalities for the coordinated application, across the the satellite industry, of the breach concerned, and of the European Union, of the rules on enforcement of the remedy envisaged. In particular, where the launch of a common conditions attached to the authorisation to satellite would be necessary to achieve compliance with provide MSS services and/or the right to use the any of the common conditions concerned, measures selected frequencies, cannot be sufficiently achieved by adopted may provide for a roadmap including inter Member States alone and can therefore, by reason of mediate steps and corresponding time limits. A second the scale and effects of the action, be better achieved at phase triggered by the failure to address serious and Union level, the Union may adopt measures, in repeated breaches can then lead to withdrawal of the accordance with the principle of subsidiarity as set out rights of use. in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective. (12) This Decision should be without prejudice to the power of the relevant national authorities to adopt interim measures, subject to the conditions provided for in Article 10(6) of Directive 2002/20/EC. (17) The measures provided for in this Decision are in accordance with the opinion of the Communications Committee,

(13) Notifications to the Commission of any findings made by authorising Member States in accordance with this HAS ADOPTED THIS DECISION: Decision are without prejudice to the possibility for any Member State to submit written observations in view of discussions at the Communications Committee. Article 1 Subject matter, objective and scope (14) While the common conditions provided for in 1. This Decision lays down the modalities for the coor Article 7(2) of Decision No 626/2008/EC form an dinated application of Member States’ rules on enforcement integral part of the national legal framework regulating applicable to an authorised operator of mobile satellite the activity of the authorised operators, the monitoring systems in the event of an alleged breach of the common of compliance in each Member State, and in particular conditions attached to its authorisation. the analysis of the facts underlying any alleged breach of those common conditions, requires knowledge of all the factual elements of a cross-border nature and effects, and may require information on the provision of the service 2. Taking into account the cross-border nature of MSS, coor in other Member States. Sharing the findings of the dination with the assistance of the Communications Committee various competent national authorities and the views shall aim in particular at facilitating a common understanding stated by the authorised operators concerned would of the facts underlying any alleged breach and its gravity, help achieve more consistent and effective enforcement leading to consistent application of national enforcement rules throughout the Union. In addition, a coordinated across the European Union, including coordinated timing of any timescale for enforcement should increase legal measures taken, in particular where breaches are similar in certainty for the authorised operators concerned. nature.

(15) In accordance with Article 10(5) of Directive 3. This Decision does not apply to enforcement measures 2002/20/EC a prohibition to provide the services and concerning conditions other than the common conditions the suspension or withdrawal of the right to use the referred to in Article 7(2) of Decision No 626/2008/EC. specific radio frequency may be decided in cases of serious or repeated breaches where measures aimed at ensuring compliance within a reasonable period of time have failed. In the specific case of the provision of MSS, Article 2 the decision to withdraw or suspend the rights of use has Definitions relevant cross-border effects. Moreover, depending on the national procedure, appropriate measures leading to the 1. The definitions laid down in Decision No 626/2008/EC definitive withdrawal of the authorisation might be shall apply for the purposes of this Decision. 11.10.2011 EN Official Journal of the European Union L 265/27

2. The following definitions shall also apply: which has notified the authorised operator concerned of its findings pursuant to Article 10(2) of Directive 2002/20/EC and concludes that one or more common conditions have — ‘authorised operator’ shall mean an operator selected been breached shall take appropriate and proportionate pursuant to Decision 2009/449/EC which has been measures, including financial penalties, aimed at ensuring granted the right under general authorisation or individual compliance by the authorised operator concerned with the rights of use to use the specific radio frequencies identified common conditions, with the exception of withdrawal, or in Decision 2009/449/EC and/or the right to operate a suspension if applicable in accordance with their national law, mobile satellite system, of any authorisation or right of use held by the authorised operator concerned. — ‘common conditions’ shall mean the common conditions to which the rights of an authorised operator are subject in 6. In the event of serious or repeated breaches of the accordance with Article 7(2) of Decision No 626/2008/EC, common conditions, any authorising Member State which after having taken the measures referred to in paragraph 5 — ‘authorising Member State’ shall mean a Member State intends to adopt a decision to withdraw the authorisation which has granted authorised operators rights under pursuant to Article 10(5) of Directive 2002/20/EC shall general authorisation or individual rights of use to use the inform the Commission of its intention and provide a specific radio frequencies identified in Decision summary of any measure taken by the authorised operator 2009/449/EC and/or the right to operate a mobile satellite concerned to comply with the enforcement measures. The system. Commission shall communicate this information to the other Member States.

Article 3 7. Within 3 months of the transmission by the Commission Coordination of enforcement of common conditions to the Member States of the information as referred to in 1. Where an authorising Member State finds that an auth paragraph 6, a meeting of the Communications Committee orised operator does not comply with one or more of the shall be convened with the objective to coordinate any with common conditions and informs that operator of its findings drawal of an authorisation in line with the objectives referred to pursuant to Article 10(2) of Directive 2002/20/EC, it shall at in Article 1(2). In the meantime all authorising Member States the same time inform the Commission which shall in turn shall refrain from adopting decisions entailing withdrawal, or inform the other Member States. suspension if applicable in accordance with their national law, of any authorisation or right of use held by the authorised operator concerned. 2. Following the transmission by the Commission to the Member States of the information as referred to in paragraph 1, the other authorising Member States shall investigate whether 8. Following the meeting of the Communications Committee there is a breach of the relevant common conditions within as referred to in paragraph 7, the authorising Member States their jurisdiction and give the authorised operator concerned may adopt appropriate decisions with a view to withdrawing the opportunity to state its views. the authorisation granted to the authorised operator concerned.

3. Within 5 months of the transmission by the Commission 9. Any enforcement decision referred to in paragraphs 5 and to the Member States of the information as referred to in 8 and the reasons on which it is based shall be communicated paragraph 1, the authorising Member States shall notify a to the authorised operator concerned within 1 week from its summary of their findings and of the views submitted by the adoption, as well as to the Commission, which shall inform the authorised operator concerned to the Commission, which shall other Member States. inform all the other Member States. Within 8 months from the transmission by the Commission to the Member States of the information as referred to in paragraph 1, the Commission shall convene a meeting of the Communications Committee in order Article 4 to examine the alleged breach and, if applicable, to discuss any Addressees appropriate measures aimed at ensuring compliance, in line with the objectives referred to in Article 1(2). This Decision is addressed to the Member States.

4. Member States shall refrain from adopting any final Done at Brussels, 10 October 2011. decision on the alleged breach before the meeting of the Communications Committee as referred to in paragraph 3. For the Commission 5. After the meeting of the Communications Committee as Neelie KROES referred to in paragraph 3, each authorising Member State Vice-President L 265/28 EN Official Journal of the European Union 11.10.2011

RECOMMENDATIONS

COUNCIL RECOMMENDATION of 15 February 2011 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (ninth EDF) for the financial year 2009 (2011/668/EU)

THE COUNCIL OF THE EUROPEAN UNION, 31 December 2009 and the Annual Report of the Court of Auditors on the activities funded by the eighth, ninth and 5 Having regard to the Treaty on the Functioning of the European tenth European Development Funds (EDFs) ( ), concerning the Union, financial year 2009, together with the Commission’s replies contained in that Annual Report, Having regard to the Partnership agreement between the members of the African, Caribbean and Pacific Group of Whereas: States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June (1) Pursuant to Article 32(3) of the Internal Agreement, the 2000 ( 1 ), amended by the Agreement signed in Luxembourg on discharge for the financial management of the ninth EDF 25 June 2005 ( 2 ), is to be given to the Commission by the European Parliament on the recommendation of the Council. Having regard to the Internal Agreement between Represen tatives of the Governments of the Member States, meeting (2) The overall implementation by the Commission of the within the Council, on the Financing and Administration of operations of the ninth EDF during the financial year Community Aid under the Financial Protocol to the Partnership 2009 has been satisfactory, Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories HEREBY RECOMMENDS that the European Parliament give the to which Part Four of the EC Treaty applies ( 3 ) (the ‘Internal Commission a discharge in respect of the implementation of Agreement’), setting up, amongst others, the ninth European the operations of the ninth EDF for the financial year 2009. Development Fund (ninth EDF), and in particular Article 32(3) thereof,

Having regard to the Financial Regulation of 27 March 2003 Done at Brussels, 15 February 2011. applicable to the 9th European Development Fund ( 4 ), and in particular Articles 96 to 103 thereof, For the Council Having examined the revenue and expenditure account and the The President balance sheet relating to the operations of the ninth EDF as at MATOLCSY Gy.

( 1 ) OJ L 317, 15.12.2000, p. 3. ( 2 ) OJ L 287, 28.10.2005, p. 4. ( 3 ) OJ L 317, 15.12.2000, p. 355. ( 4 ) OJ L 83, 1.4.2003, p. 1. ( 5 ) OJ C 303, 9.11.2010, p. 243. 11.10.2011 EN Official Journal of the European Union L 265/29

COUNCIL RECOMMENDATION of 4 October 2011 on the appointment of a member of the Executive Board of the European Central Bank (2011/669/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,

HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL:

To appoint Mr Jörg ASMUSSEN as member of the Executive Board of the European Central Bank for a term of office of 8 years.

Done at Luxembourg, 4 October 2011.

For the Council The President J. VINCENT-ROSTOWSKI L 265/30 EN Official Journal of the European Union 11.10.2011

CORRIGENDA

Corrigendum to Decision 2010/703/EU of the Representatives of the Governments of the Member States of 18 November 2010 appointing a Judge to the General Court (Official Journal of the European Union L 306 of 23 November 2010)

On page 76, signature: for: ‘For the Council The President J. DE RUYT’,

read: ‘The President J. DE RUYT’

Corrigendum to Decision 2010/762/EU of the Representatives of the Governments of the Member States, meeting within the Council of 25 February 2010 determining the seat of the European Asylum Support Office (Official Journal of the European Union L 324 of 9 December 2010)

On page 47, signature: for: ‘For the Council The President A. PÉREZ RUBALCABA’,

read: ‘The President A. PÉREZ RUBALCABA’

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